CONSTRUCTION DEBRIS-EXCEPTION
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SB 268 — CONSTRUCTION DEBRIS-EXCEPTION
Last action — Public Act . . . . . . . . . 93-0179
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 05, 2003. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Environmental Protection Act. Provides that the requirement that an entity that conducts any generation, transportation, or recycling of construction or demolition debris or uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads must maintain documentation identifying the hauler, generator, place of origin, weight or volume, and location, owner, and operator of the location where the debris or soil was transferred, disposed, recycled, or treated does not apply to a county highway department.
Bill Text
What changed in the latest version
15 added · 15 removedPlain-language change summary
The changes to Bill SB 268 involve replacing references to Section 22.1 with updates to Section 21. This adjustment indicates a shift in focus or a realignment of the bill's provisions. This matters because it can signal a change in policy direction or clarify how certain laws will be applied, potentially impacting the areas covered by the bill.
SB268 EngrossedEnrolled LRB093 02548 LRD 02558 b AN ACT in relation to environmental matters.
The Environmental Protection Act is amended by changing Sections 3.160 and 22.121 as follows:
Clean construction or demolition debris does not include SB268 EngrossedEnrolled -2- LRB093 02548 LRD 02558 b uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads provided the uncontaminated soil is not commingled with any clean construction or demolition debris or other waste.
SB268 EngrossedEnrolled -3- LRB093 02548 LRD 02558 b (Source:
or SB268 EngrossedEnrolled -4- LRB093 02548 LRD 02558 b (3) which receives waste after August 31, 1988, does not have a permit issued by the Agency, and is (i) a landfill used exclusively for the disposal of waste generated at the site, (ii) a surface impoundment receiving special waste not listed in an NPDES permit, (iii) a waste pile in which the total volume of waste is greater than 100 cubic yards or the waste is stored for over one year, or (iv) a land treatment facility receiving special waste generated at the site;
SB268 EngrossedEnrolled -5- LRB093 02548 LRD 02558 b (1) without a RCRA permit for the site issued by the Agency under subsection (d) of Section 39 of this Act, or in violation of any condition imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder;
(h) Conduct any hazardous waste-recycling or hazardous waste-reclamation or hazardous waste-reuse operation in violation of any regulations, standards or permit SB268 EngrossedEnrolled -6- LRB093 02548 LRD 02558 b requirements adopted by the Board under this Act.
or (2) within 1000 feet SB268 EngrossedEnrolled -7- LRB093 02548 LRD 02558 b of an existing private well or the existing source of a public water supply measured from the boundary of the actual active permitted site and excluding existing private wells on the property of the permit applicant.
(9) deposition of refuse in any unpermitted portion SB268 EngrossedEnrolled -8- LRB093 02548 LRD 02558 b of the landfill;
The prohibitions specified in this subsection (p) shall SB268 EngrossedEnrolled -9- LRB093 02548 LRD 02558 b be enforceable by the Agency either by administrative citation under Section 31.1 of this Act or as otherwise provided by this Act.
(B) the property on which the composting facility is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with SB268 EngrossedEnrolled -10- LRB093 02548 LRD 02558 b or controlled by any such waste hauler or generator;
For the purposes of this subsection (q), "agronomic rates" means the application of not more than 20 tons per acre per year, except that the Agency may allow a higher rate for individual sites where the owner or operator has SB268 EngrossedEnrolled -11- LRB093 02548 LRD 02558 b demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate.
(1) the disposal area will be covered in a manner that will support continuous vegetation, (2) the facility will SB268 EngrossedEnrolled -12- LRB093 02548 LRD 02558 b be adequately protected from wind and water erosion, (3) the pH will be maintained so as to prevent excessive leaching of metal ions, and (4) adequate containment or other measures will be provided to protect surface water and groundwater from contamination at levels prohibited by this Act, the Illinois Groundwater Protection Act, or regulations adopted pursuant thereto.
In addition, vegetable by-products may be SB268 EngrossedEnrolled -13- LRB093 02548 LRD 02558 b transported in this State without a special waste hauling permit, and without the preparation and carrying of a manifest.
The terms "generation" and "recycling" as used in this subsection do not apply to clean construction or demolition debris when (i) used as fill material below grade outside of a setback zone if covered by sufficient SB268 EngrossedEnrolled -14- LRB093 02548 LRD 02558 b uncontaminated soil to support vegetation within 30 days of the completion of filling or if covered by a road or structure, (ii) solely broken concrete without protruding metal bars is used for erosion control, or (iii) milled asphalt or crushed concrete is used as aggregate in construction of the shoulder of a roadway.
Action History
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Public Act . . . . . . . . . 93-0179
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Effective Date July 11, 2003
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Short Debate - Passed 114-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Environment and Energy Committee; 014-000-000
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Assigned to Environment and Energy Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Thomas Holbrook
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Arrived in House
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Third Reading - Passed; 058-000-000
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Placed on Calendar Order of 3rd Reading April 3, 2003
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Senate Floor Amendment No. 4 Adopted; Jacobs
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Senate Floor Amendment No. 3 Adopted; Jacobs
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Recalled to Second Reading
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Senate Floor Amendment No. 3 Be Adopted Environment & Energy; 011-000-000
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Senate Floor Amendment No. 4 Be Approved for Consideration Rules
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Senate Floor Amendment No. 4 Referred to Rules
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Senate Floor Amendment No. 4 Filed with Secretary by Sen. Denny Jacobs
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Fiscal Note Filed as Amended by Senate Amendments 1 & 2
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Senate Floor Amendment No. 3 Rules Refers to Environment & Energy
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Senate Floor Amendment No. 3 Referred to Rules
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Senate Floor Amendment No. 3 Filed with Secretary by Sen. Denny Jacobs
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Placed on Calendar Order of 3rd Reading March 26, 2003
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Senate Floor Amendment No. 2 Adopted; Jacobs
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Recalled to Second Reading
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Senate Floor Amendment No. 2 Be Adopted Environment & Energy; 010-000-000
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Senate Floor Amendment No. 2 Rules Refers to Environment & Energy
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Placed on Calendar Order of 3rd Reading March 6, 2003
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Second Reading
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Senate Floor Amendment No. 2 Referred to Rules
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Senate Floor Amendment No. 2 Filed with Secretary by Sen. Denny Jacobs
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Placed on Calendar Order of 2nd Reading February 26, 2003
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Do Pass as Amended Environment & Energy; 010-000-000
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Senate Committee Amendment No. 1 Adopted
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Senate Committee Amendment No. 1 Rules Refers to Environment & Energy
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Senate Committee Amendment No. 1 Referred to Rules
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. Denny Jacobs
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Assigned to Environment & Energy
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Referred to Rules
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First Reading
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Filed with Secretary by Sen. Denny Jacobs
Sponsors
- Paul Jacobs · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Paul Jacobs Republican
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 102 | 0 | 0 | 3 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 114 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (117)
| Member | Party | Vote |
|---|---|---|
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Slone | — | Yea |
| Sommer | — | Yea |
| Wait | — | Yea |
| Wirsing | — | Yea |
| Acevedo | — | Yea |
| Aguilar | — | Yea |
| Bassi | — | Yea |
| Mathias | — | Yea |
| Beaubien | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Capparelli | — | Yea |
| Colvin | — | Yea |
| Moffitt | — | Yea |
| Coulson | — | Yea |
| Mulligan | — | Yea |
| Nekritz | — | Yea |
| Jefferson | — | Yea |
| Pankau | — | Yea |
| Mitchell, Jerry | — | Yea |
| Krause | — | Yea |
| Kurtz | — | Yea |
| Sullivan | — | Yea |
| Lang | — | Yea |
| Madigan | — | Yea |
| Molaro | — | Yea |
| Morrow | — | Yea |
| Howard | — | Yea |
| Munson | — | Yea |
| Myers | — | Not Voting |
| Novak | — | Yea |
| O'Brien | — | Yea |
| Watson | — | Yea |
| Jones | — | Yea |
| Osmond | — | Yea |
| Osterman | — | Yea |
| Davis, Monique | — | Yea |
| Davis, Steve | — | Yea |
| Burke | — | Not Voting |
| Tenhouse | — | Not Voting |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Churchill | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| Daniels | — | Yea |
| Hassert | — | Yea |
| Holbrook | — | Yea |
| Hultgren | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Yea |
| Yarbrough | — | Yea |
| Younge | — | Yea |
| Leitch | — | Yea |
| Lyons, Eileen | — | Yea |
| Lindner | — | Yea |
| Bailey | — | Yea |
| Lyons, Joseph | — | Yea |
| McAuliffe | — | Yea |
| Reitz | — | Yea |
| McCarthy | — | Yea |
| McKeon | — | Yea |
| Mendoza | — | Yea |
| Meyer | — | Yea |
| Millner | — | Yea |
| Parke | — | Yea |
| Pihos | — | Yea |
| Scully | — | Yea |
| McGuire | — | Yea |
| Soto | — | Yea |
| Bradley, Richard | — | Yea |
| Brady | — | Yea |
| Hannig | — | Yea |
| Mitchell, Bill | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Eddy | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Forby | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Giles | — | Yea |
| Graham | — | Yea |
| Granberg | — | Yea |
| Hamos | — | Yea |
| Phelps | — | Yea |
| Poe | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Chapa LaVia | — | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 0 | 0 | 1 |
| Democrat | 7 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Sieben | — | Yea |
| Silverstein | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bomke | — | Yea |
| Burzynski | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Halvorson | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Munoz | — | Yea |
| Luechtefeld | — | Yea |
| Meeks | — | Yea |
| Obama | — | Yea |
| Sullivan, D. | — | Yea |
| Brady | — | Yea |
| Sullivan, J. | — | Yea |
| Petka | — | Yea |
| Philip | — | Not Voting |
| Schoenberg | — | Yea |
| Shadid | — | Yea |
| Jacobs | — | Yea |
| Jones, J. | — | Yea |
| Jones, W. | — | Yea |
| Watson | — | Yea |
| Cullerton | — | Yea |
| Demuzio | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Winkel | — | Yea |
| Wojcik | — | Yea |
| Woolard | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Geo-Karis | — | Yea |
| Hendon | — | Yea |
| Peterson | — | Yea |
| Radogno | — | Yea |
| Rauschenberger | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Rutherford | — | Yea |
| Roskam | — | Yea |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 268 do?
- Amends the Environmental Protection Act. Provides that the requirement that an entity that conducts any generation, transportation, or recycling of construction or demolition debris or uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads must maintain documentation identifying the hauler, generator, place of origin, weight or volume, and location, owner, and operator of the location where the debris or soil was transferred, disposed, recycled, or treated does not apply to a county highway department.
- Who sponsors SB 268?
- SB 268 is sponsored by Paul Jacobs (Republican).
- What is the current status of SB 268?
- This bill has been enacted into law. Introduced February 05, 2003. Enacted.
- Where can I track SB 268?
- Track SB 268 free on One Click Politics — get push/email alerts when it moves.
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